set free a believing slave, you have undoubtedly discharged your liability; but if you set free a disbelieving slave, you have discharged your liability according to one scholarly view. That may be correct in the sight of Allah Most High, or the correct view may be otherwise. This applies when someone comes to ask us before acting. We then say to him: Set free a believing slave, for that is safer for you; and avoid doubtful matters.
As for a man who has already set someone free, believing that he had discharged his liability—whether out of ignorance or by following the view of some scholars—we do not instruct him to repeat the manumission. For instructing him to repeat it entails holding him liable for the financial cost, and that is not certain. We would then have caused him financial loss without clear proof. In such a case, deeming his liability discharged is the precautionary course. This is why many scholars, in such doubtful matters where the evidences conflict, or where scholarly views are evenly balanced and there is no decisive proof, distinguish between a matter after it has occurred and before it occurs. They say: Before it occurs, we adopt the safer course; and after it has occurred, we likewise adopt the safer course, namely, not invalidating the act of worship, not imposing financial liability, or the like.
“Whoever cannot find [the means], then he must fast for three consecutive days,” …
His statement, “Whoever cannot find [the means], then he must fast for three days,” is like the statement of Allah Most High: “But whoever cannot find [the means], then a fast of three days.” [al-Ma'idah: 89]
Then he says, “Whoever cannot find [the means]”: here the object has been omitted, and omitting the object indicates generality. This is one of the established principles.
Thus, this includes whoever cannot find the means with which to feed, clothe, or free a slave; and likewise, whoever cannot find anyone to feed, clothe, or free. For example, a man may possess wealth and be affluent, yet he seeks a slave to free and finds none, and seeks needy people and finds none. So it is said to him: